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Home My WebLink About20222157.tiffEXHIBIT BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONE Moved by Sam Gluck, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: COZ22-0006 MARISELA MENDEZ MICHAEL HALL CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT. PART OF LOT 2 OF THE SE4SE4 OF SECTION 9, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO, ACCORDING TO THE SUBDIVISION OF LANDS BY THE UNION COLONY OF COLORADO. EAST OF AND ADJACENT TO BIRCH AVENUE; APPROXIMATELY 225 FEET SOUTH OF EAST 18TH STREET. be recommended favorably to the Board of County Commissioners for the following reasons: 1 The submitted materials are in compliance with the application requirements of Section 23-2-50 of the Weld County Code. All necessary application materials were found to be complete on May 10, 2022. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows: A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County. Section 22-2-10.A Respecting Our Agricultural Heritage Supporting the use of land in unincorporated areas for agriculture is the number one guiding principle listed in the Comprehensive Plan. Section 22-2-30. C. Harmonize development with surrounding land uses. Though surrounding properties are not zoned A (Agriculture), several properties are being used for small farms. B. Section 23-2-30.A.2. - The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses. The property is surrounded by all land use types. Surrounding lots are being used residentially, commercially, industrially, and for small farms The A Zone District is compatible with land to the south of the property. being similarly sized and used for small farms. C. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. The property has a City of Greeley water tap and utilizes onsite wastewater treatment, which is acceptable in the A Zone District. The City of Greeley, in the May 25, 2022. referral, indicated no concerns with the Change of Zone. The referral indicated any development of the property may require annexation. The Department of Public Health and Environment also did not express concerns in the May 16, 2022 referral. D. Section 23-2-30.A.4. — For zoning amendments to any zone district other than A (Agriculture), unpaved streets/roads providing access to the subject parcels shall have a minimum 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum right-of-way width of sixty (60) feet... The zoning amendment request is to downzone to A (Agriculture). so the criterion is not applicable. However, the property has direct access onto privately -maintained Birch Avenue, also known as County Road 41.8, which is a gravel road with 60 feet of right-of-way. Birch Avenue connects to U.S. RESOLUTION COZ22-0006 MARISELA MENDEZ PAGE 2 Highway 34, also known as East 18'h Street If the property is developed in the future, the Colorado Department of Transportation will be consulted to determine if additional improvements are needed E Section 23-2-30 A 5 - In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards 1) Section 23-2-30 A 5 a — If the proposed Change of Zone is located within any Overlay Distract identified by maps officially adopted by the County, that the applicant has demonstrated compliance with the County regulations concerning Overlay Distracts Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application The property is located within the Airport Overlay The Greeley -Weld Airport will be consulted should the property be developed in the future 2) Section 23-2-30 A 5 b - That the proposed rezoning will not permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor to any greater extent than under the present zoning of the property Downzoning the property to the A (Agriculture) Zone District is not considered development, so mineral deposits were not investigated If the property is developed in the future, a subsurface mineral report will be required as part of an application 3) Section 23-2-30 A 5 c - If soil conditions on the site are such that they present moderate or severe limitations to the construction of structures or facilities proposed for the site, that such limitations can be overcome and that the limitations will be addressed by the applicant and/or the applicant's successors or assigns prior to the development of the property Similarly, downzoning does not require a soil study Soil limitations will be investigated as part of a development application This recommendation for approval is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities THE CHANGE OF ZONE FROM THE R-1 (LOW DENSITY RESIDENTIAL) TO THEA (AGRICULTURAL) IS CONDITIONAL UPON THE FOLLOWING 1 Prior to recording the plat A The plat shall be amended to delineate the following All pages of the plat shall be labeled COZ22-0006 (Department of Planning Services) 2 The plat shall adhere to Section 23-2-50 D of the Weld County Code (Department of Planning Services) 3 All recorded easements and rights -of -way shall be shown and dimensioned on the Change of Zone plat (Department of Planning Services) 4 County Road 41 8 (also known as Birch Avenue) is a part of the Union Colony Subdivision with 60 feet of deeded right-of-way The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road This road is a privately -maintained road and is NOT maintained by Weld County (Development Review) 5 Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with the documents creating the right-of-way for US Highway 34 (Development Review) RESOLUTION COZ22-0006 MARISELA MENDEZ PAGE 3 6 Show the approved -Colorado Department of Transportation (CDOT) access point on the plat and label with the approved access permit number, if applicable (Development Review) I 2 The following notes shall be delineated on the Change of Zone plat 1) The Change of Zone, COZ22-0006, allows for A (Agricultural) uses which shall comply with the A (Agriculture) Zone District requirements as set forth in Chapter 23, Article III Division 4 of the Weld County Code, as amended (Department of Planning Services) 2) The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Planning Services) 3) Any future structures or uses on site must obtain the appropriate zoning and building permits (Department of Planning Services) 4) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee Programs (Department of Planning Services) 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) 6) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking (Development Review) 7) This site is located in the MS4 area and is subject to the regulations of the state -issued MS4 Permit (Development Review) 8) The historical flow patterns and runoff amounts will be maintained on the site (Development Review) 9) Water and sanitary sewer service may be obtained from the City of Greeley (Department of Public Health and Environment) 10) The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may be an on -site wastewater treatment system (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system (Department of Public Health and Environment) 11) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed (Department of Public Health and Environment) 12) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource RESOLUTION COZ22-0006 MARISELA MENDEZ PAGE 4 13) WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities The sheer magnitude of the area to be served stretches available resources Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers People are exposed to different hazards in the County than in an urban or suburban setting Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood 3 Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1) electronic copy ( pdf) of the plat for preliminary approval to the Weld County Department of Planning Services The plat shall be prepared in accordance with the requirements of Section 23-2-50 D of the Weld County Code 4 Upon approval of the plat, Condition of Approval 4 above, the applicant shall submit to the Department of Planning Services a Mylar plat along with all other documentation required as Conditions of Approval The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of RESOLUTION COZ22-0006 MARISELA MENDEZ PAGE 5 I Planning Services Staff The Mylar plat and additional requirements shall be submitted within one - hundred -twenty (120) days from the date of the Board ofiCounty Commissioners resolution The applicant shall be responsible for paying the recording fee 5 Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by the Board of County Commissioners unless otherwise specified by the approving resolution of the Board of County Commissioners However, no building permit shall be issued and no use shall commence on the property until the plat is recorded 6 If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the COZ has not been abandoned and that the applicant possesses the willingness and ability to record the plat The Board of County Commissioners may extend the date for recording the plat If the Board determines that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public hearing, revoke the COZ 7 In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording continuance fee shall be added for each additional 3 -month period 8 If a lot has an approved and recorded site specific development plan and the zoning on the lot is changed to a zone district for which the existing use requires a Site Plan Review, the Director of Planning Services may waive the Site Plan Review application requirement, if the following applies A The existing use of the property is not changing or expanding beyond what is allowed without a Site Plan Review, as stated in Subsection E above, and B The approved site specific development plan is in substantial compliance with the requirements of the new zone district, including but not limited to bulk requirements, design standards, and operation standards RESOLUTION COZ22-0006 MARISELA MENDEZ PAGE 6 Motion seconded by Michael Wailes VOTE For Passage Lonnie Ford Skip Holland Sam Gluck Butch White Pamela Edens Michael Wades Michael Palizzi Against Passage Absent Tom Cope Elijah Hatch The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on July 12, 2022 Dated the 12th of July, 2022 Kristine Ranslem Secretary SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, July 12, 2022 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Butch White at 12:33 p.m. Roll Call. Present: Lonnie Ford, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi. Absent: Tom Cope, Elijah Hatch. Also Present: Kim Ogle, Chris Gathman, and Michael Hall, Department of Planning Services; Lauren Light, Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: APPLICANT: PLANNER REQUEST: LEGAL DESCRIPTION: LOCATION: COZ22-0006 MARISELA MENDEZ MICHAEL HALL CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT. PART OF LOT 2 OF THE SE4SE4 OF SECTION 9. T5N, R65W OF THE 6TH P M.. WELD COUNTY. COLORADO. ACCORDING TO THE SUBDIVISION OF LANDS BY THE UNION COLONY OF COLORADO. EAST OF AND ADJACENT TO BIRCH AVENUE; APPROXIMATELY 225 FEET SOUTH OF EAST 18TH STREET. Michael Hall, Planning Services, presented Case COZ22-0006, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application along with conditions of approval. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. Marisela Mendez, 1828 Birch Avenue, Greeley, Colorado, stated that they are requesting to down zone their property to agricultural because their children are interested in showing animals. Commissioner Gluck asked what kind of animals they intend to have. Ms. Mendez stated that they will have cows and possibly pigs. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case COZ22-0006 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Sam Gluck, Seconded by Michael Wailes. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck. Skip Holland. Meeting adjourned at 2:34 pm. Respectfully submitted. 46AM-in& e411/1/Airt, Kristine Ranslem Secretary 1 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip �,pp ,� h.it ttOS Ono\ S M(Vcc9O3 SiYinO''S _ tdrki — k 1 Letc-H CR' 1-17 �LtGam.CC: kegetl 0 it L I __ ki A (.; ti.ie ‘itY\i'leAea IV k2;:i liN A VC- Cl; Kw. 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